subject: Firing Your Bankruptcy Attorney: 3 Things You Need to Learn First [print this page] Firing Your Bankruptcy Attorney: 3 Things You Need to Learn First
Getting rid of your bankruptcy attorney is not unheard of. In fact, it may be a good decision. However, there are many risks you are taking in doing so--and some that could negatively affect your case. Ideally, you should pick the right attorney from the start.However, sometimes these things cannot be helped and the action must be taken. What facts should you be aware of before you say goodbye to your current attorney?- Changing bankruptcy attorneys may not change your case. If something has come up in your case that you don't like, you may be hoping that a new attorney will be able to get you the results you want. Though you may not like what is happening, it may not be any fault of your bankruptcy attorney. For instance, if you are facing a dismissal because plan payments haven't been made, getting a new attorney won't get you off the dismissal docket. With that being said, there are behaviors that are under an attorney's control like not returning phone calls, not coming to important meetings, or making a mistake when filing your case for which an attorney can (and maybe should) be fired.- Your attorney is your attorney, not your friend. A bankruptcy lawyer is not helping you at all by glossing over the bad parts. You've got to know the truth of your situation, no matter how ugly it may be, in order to fix it. Thought it may feel good to have someone tell you whatever you want to hear, it may do damage to your case.- Don't do damage to your case by changing attorneys. There are things that happen during your case that an attorney needs to actively participate in. If you switch your attorney right before a hearing date, for example, you may be putting your discharge at risk and thusly the protection from foreclosure, credit card debt help, and relief from creditors that your family needs. Don't get rid of your current attorney unless you've got another one ready to jump into your case.You aren't wrong for wanting to get rid of an attorney who is doing a poor job on your case. Just make sure you've got all your bases covered before you make the switch.
